Monday, February 25, 2013

Tort Reform Debate Week 2 Law421

Overview of Tort Law

Tort is often defined as a civil wrong where superstar party has motleyed or failed to act and that action/inaction causes a loss to be suffered by another party. Tort rectitude leave alones a remedy for one who has suffered an injury and/or loss. One who commits a tort is cognize as the tortfeasor. The tortfeasors wrongful conduct is depict as tortious conduct. An individual whitethorn commit a criminal offense and a civil wrong in the same act. Criminal statutes are intended to punish and discourage the wrongdoer; the common law of torts is chiefly intended to provide compensation for the victim. In some cases tort law may be used to deter wrongful conduct in the future. (Melvin, 2012)

Sources of Tort Law

Tort law for the most part is governed by state common law principles. Courts typically look to rules articulated by the American Law Institute for guidance on applying common law legal principles. Courts are not bounded by any of the Restatements, but they do recognize them as widely applied principles of law. Laws that cover individuals that are injured by product, known as products liability laws, may take the form of state common law or state statutes that expressly impose liability for injuries that result from products.

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These statutes are based primarily on the Restatements and relatively uniform from state to state. (Melvin, 2012)

Categories of Torts

Tort law tends to fall into three general categories and those categories are: intentional; slight; and strict liability. Intentional tort is one where the tortfeasor was froward in bringing about a particular way out that caused harm to another party. Negligence is an accidental (without willful intent) position that caused harm to another party. The difference between the two is the mind-set and intent of the tortfeasor. Strict liability torts, where a tortfeasor may be held liable for an act regardless of intent or willfulness, applies primarily in cases of defective products and abnormally...If you want to get a full essay, order it on our website: Orderessay



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